Motor Traffic
(Public Service Vehicles (Conditions of Fitness)) (Jersey) Order 2003
Part 1
General provisions
1 Interpretation
(1) In
this Order, unless the context otherwise requires –
“cab” means a
limousine-cab or a taxi-cab;
“char-à-banc”
means a vehicle, other than a road train, that is used or intended to be used
to provide a char-à-banc service;
“double-decked
vehicle” means a vehicle –
(a) with
2 decks, one of which is wholly or partly above the other; and
(b) each
deck of which is provided with a gangway serving seats on that deck only;
“DUKW” means
an amphibious motor vehicle primarily used to provide a char-à-banc
service to and from Elizabeth Castle;
“Law” means
the Motor
Traffic (Jersey) Law 1935;
“limousine-cab”
means a motor vehicle which is used or intended to be used to provide a cab
service that does not include picking up passengers at a taxi rank;
“omnibus”
means a vehicle that is used or is intended to be used to provide an omnibus
service;
“road train”
means a vehicle –
(a) that
consists of one, 2, 3 or 4 trailers constructed or adapted to carry passengers
towed by a motor vehicle; and
(b) that
is used or intended to be used to provide a char-à-banc service;
“single-decked
vehicle” means a vehicle upon which no part of a deck or gangway is
vertically above another deck or gangway;
“taxi-cab”
means a motor vehicle which is used or intended to be used to provide a cab
service that includes picking up passengers at a taxi rank;
“taxi rank”
means a stand established by a Minister under Article 37 of the Law for
use by cabs;
“trailer” does
not include a vehicle part of the weight of which is borne by the motor vehicle
by which it is being towed.[1]
(2) In
this Order, in respect of a vehicle –
“deck” means a
floor or platform in the vehicle upon which seats are provided for the
accommodation of passengers;
“emergency exit”
means an exit from the vehicle that is not intended to be used except in an
emergency;
“entrance”
means an aperture or space by which passengers are intended to board the
vehicle;
“exit” means
an aperture or space by which passengers are intended to leave the vehicle;
“gangway”
means the space provided for obtaining access from an entrance to the
passengers’ seats or from the passengers’ seats to an exit not
being an emergency exit, but does not include –
(a) a
staircase; or
(b) a
space in front of any transverse seats that is used solely by passengers
occupying those seats;
“hood or canvas”
means a construction or flexible material that is capable of being readily
folded back so that no portion of the hood or any fixed structure of the roof
remains vertically above part of a seat in the vehicle, or, in the case of a
double-decked vehicle, of a seat on the upper deck of the vehicle;
“permanent top”
means a covering of the vehicle other than a hood or canvas.[2]
2 Qualifications
required for issue of certificate of fitness
A certificate of fitness
shall not be issued in respect of a vehicle unless –
(a) it
complies with all the provisions of any Order made under Article 77 of the
Road
Traffic (Jersey) Law 1956 (which relates to the construction
and use of vehicles); or
(b) where
in respect of the vehicle a licence has been granted under Article 78 of
the Road
Traffic (Jersey) Law 1956 exempting it from compliance with any
of those provisions, it complies with any restrictions or conditions specified
in the licence and the remaining such provision,
and it also complies with
each provision of this Order that is stated to be applicable to a vehicle of
that type in so far as the provision is not inconsistent with a provision of
any licence mentioned in sub-paragraph (b) that is applicable to the
vehicle.
3 General
construction
(1) A
vehicle, including its bodywork, upholstery and fittings, must be –
(a) soundly
and properly constructed of suitable materials well finished and in good and
serviceable condition; and
(b) of
such design that it is capable of withstanding the loads and stresses likely to
be met with in operation.
(2) The
steering wheel of a vehicle must be on the right or offside of the vehicle.[3]
(3) The
driver’s seat of a vehicle must be in such a position that the driver
when seated is capable of giving any necessary hand signals on the offside of
the vehicle.
(4) Paragraphs (2)
and (3) do not apply to a road train or DUKW.[4]
4 Special
provisions in respect of road trains
(1) Each
vehicle that forms part of a road train must be equipped with a braking system
that complies with the Directive of the Council of the European Communities of
26 July 1971 on the approximation of the laws of the Member States
relating to the braking devices of certain categories of motor vehicles and of
their trailers (Council Directive 71/320/EEC), as amended.
(2) Each
trailer that forms part of a road train must be provided with an entrance
(which must be designed for use as an additional exit) and an exit, both of
which must be situated on the nearside of the trailer.
part 2
charS-à-banc and omnibuses
5 Application
of Part
(1) Unless
otherwise specified, this Part applies to chars-à-banc and omnibuses
first registered on or after 1st March 1950.
(2) In
paragraph (1) “first registered” means registered for the first
time and includes registration effected –
(a) by
entry in the register kept by the Treasurer of the States in pursuance of Article 36
of the Loi
(1914) sur la Voirie;
(b) pursuant
to the Motor Vehicle Duty (Jersey) Law 1957; or
(c) pursuant
to the Motor
Vehicle Registration (Jersey) Law 1993.
6 Entrance
and exit steps
(1) Except
in the case of a DUKW, the top of the tread of the lowest step for any entrance
or exit, other than an emergency exit, must not be more than 435 mm above
the ground when the vehicle is empty.[5]
(2) Each
step must be fitted with a non-slip tread.
(3) Any
fixed step must not –
(a) be
less than 225 mm wide; or
(b) project
laterally beyond the body of the vehicle unless it is so protected by the front
wings (or otherwise) that it is not liable to injure pedestrians.
7 Interior
steps – double-decked chars-à-banc and omnibuses
(1) This
Article applies to a double-decked char-à-banc and a double-decked
omnibus.
(2) The
riser of each step leading from the lower to the upper deck must be closed and
there must be no unguarded aperture left at the top landing board.
(3) Each
step leading from the lower to the upper deck must be fitted with a non-slip
tread.
(4) The
horizontal distance from the nearest point of the riser of the top step to the
vertical line passing through the nearest point of the seat opposite to the top
tread of the staircase, excluding any grab rail that does not project more than
105 mm from the back of the seat, must not be less than 600 mm.
8 Entrances
and exits – decks of chars-à-banc and omnibuses
(1) This
Article applies to –
(a) the
deck of a single-decked vehicle with a permanent top; and
(b) the
lower deck of a double-decked vehicle.
(2) The
deck must be provided with not less than 2 exits (one of which may be an
emergency exit) which must not both be situated on the same side of the
vehicle.
(3) It
shall be a sufficient compliance with paragraph (2) if –
(a) the
deck communicates with the rear platform by means of an opening with no door
and the exit from the platform to the nearside of the vehicle is continuous
with an exit at the rear of the vehicle; or
(b) the
vehicle has a seating capacity for not more than 14 passengers and there is an
exit behind the rear wheels.
9 Emergency
exits – double-decked chars-à-banc and buses
(1) This
Article applies to a double-decked char-à-banc and a double-decked
omnibus where, in either case –
(a) access
is obtained to its upper deck by means of an enclosed staircase; and
(b) the
upper deck has a permanent top.
(2) The
vehicle must be provided with an emergency exit on its upper deck.
(3) The
emergency exit must not be on the nearside of the vehicle.
(4) The
emergency exit need not be provided with a staircase.
10 Entrances –
omnibuses
(1) This
Article applies to an omnibus except an omnibus that –
(a) is a
single-decked vehicle not fitted with a permanent top; or
(b) has a
seating capacity for not more than 14 passengers and has a means of exit and
entrance behind the rear wheels.
(2) An
entrance to the vehicle must be on its nearside.
(3) Paragraph (2)
does not apply if the vehicle has a rear platform to which there is an entrance
both from the near side of the vehicle and from its rear.
11 Width of
entrances and exits
(1) Except
as otherwise provided by this Article, an entrance or exit mentioned in this Part
must be at least 610 mm wide.
(2) If,
as permitted by paragraph (3), an omnibus has an entrance from its rear,
the width of that entrance measured along the rear of the omnibus need not
exceed 455 mm if the width of the entrance from its side complies with paragraph (1).
(3) An
emergency exit from the upper deck of a double-decked vehicle must measure at
least 1.5 metres by 455 mm.
(4) If
the same entrance is used for the upper and the lower decks of a double-decked
vehicle, no part of the entrance (exclusive of any stanchion) measured along
the nearside of the vehicle must be less than 914 mm wide.
12 Emergency exits
(1) The
means of operating any door or other covering of an emergency exit must be
clearly indicated on or close to the door or other covering.
(2) All
emergency exits must be clearly marked as such both inside and outside the
vehicle.
(3) Any
door or other covering of an emergency exit must open outwards.
(4) An
emergency exit must be easily accessible to passengers unless it is an
emergency exit in the roof of a half-decked vehicle.
(5) There
must be a passage between an emergency exit and a gangway mentioned in Article 14
that has dimensions not less than those prescribed by that Article for that
gangway.
(6) A
vehicle must be designed so that were a vertical line to be projected upwards
to a height of 680 mm from the floor level of the centre line of the
passage mentioned in paragraph (5) every part of it would, if measured
laterally, be at least 150 mm from any part of the vehicle.
(7) Paragraph (6)
does not apply to any part of the vehicle that was a cowling or cover
that –
(a) projects
laterally not more than 227 mm from a bulkhead into the passage at floor
level and not more than 300 mm above floor level; and
(b) covers
a projection of part of the chassis or mechanism of the vehicle into the body.
(8) A
seat on the upper deck of a vehicle placed below or in front of an emergency
exit may be taken to form part of the passage mentioned in paragraph (6).
(9) An
emergency exit from –
(a) a
single-decked vehicle; or
(b) the
lower deck of a double-decked vehicle,
must be situated so that
passengers can step directly from the passage mentioned in paragraph (5)
to the outside of the vehicle.[6]
(10) Paragraph (9)
does not apply to an emergency exit in the roof of a vehicle.
(11) The
actuating mechanism of an emergency exit must be easily accessible to persons
of normal height standing on ground level outside the vehicle.
(12) Paragraph (11)
does not apply to a DUKW or an emergency exit in the upper deck of a
double-decked vehicle or in the roof of a vehicle.[7]
13 Width of gangways
(1) A
gangway must be at least –
(a) 305 mm
wide to a height of 762 mm above floor level; and
(b) 355 mm
wide above that height.
(2) A
vehicle must be designed so that were a vertical line to be projected upwards
from the floor level of the centre line of the gangway to the height prescribed
by Article 14 every part of it would, if measured laterally, be at least
150 mm from any part of the vehicle, other than the roof over the gangway.
(3) A
space within 225 mm of the front of a seat shall not be taken to form part
of a gangway.
14 Height of
gangways
(1) This
Article applies to the clear height at the centre line of a gangway that
extends from the front edge of the foremost passenger seat to the front edge of
the rearmost passenger seat served by the gangway.
(2) The
height must be in the case of –
(a) a
single-decked vehicle fitted with a permanent top; or
(b) the
lower deck of a double-decked vehicle,
at least 1.77 metres
if the seating capacity of the vehicle exceeds 14 and at least 1.6 metres
in any other case.
(3) In
the case of the top deck of a double-decked vehicle fitted with a permanent top
the height must be at least 1.72 metres.
(4) If
the gangway is on the right or offside of the vehicle paragraph (3) shall
be taken to have been complied with if the height of 1.72 metres extends
from a point 460 mm behind the front edge of the foremost passenger seat
to the front edge of the rearmost passenger seat served by the gangway.
(5) The
height at the centre line of any part of a gangway must not be more than
105 mm lower than the height prescribed by this Article.
(6) In
the case of a single-decked vehicle without a permanent top the height must be
at least 1.52 metres when the hood is extended or raised.
(7) Paragraph (6)
does not apply over the driver’s seat.
15 Seats to be
firmly fixed
The supports of all seats
must be firmly fixed in position.
16 Seats to have
back rests
(1) Every
part of the back rest of a seat placed lengthwise must be at least 610 mm
from the corresponding part of the back rest of the seat facing it.
(2) A
transverse seat must be fitted so that –
(a) there
is a clear space of at least 610 mm in front of the whole length of the
top of the back rest of every seat; and
(b) there
is a clear space of at least 480 mm between any part of the front edge of
a seat and any part of any other seat which faces it.
(3) In
this Article “back rest” includes a part of the vehicle which is
available for passengers to lean against.
17 Seats on wheel
arches
A seat over a wheel arch
must not be placed in such a position as to cause discomfort to passengers.
17A Markings[8]
The maximum number of
passengers that may be carried in the vehicle in accordance with a licence
under Article 6 of the Law must be clearly marked on the exterior of the
nearside of the vehicle in words and figures each of which is at least
25 mm in height as follows –
“Licensed to Carry
[number written as a figure] Passengers”.
18 Guarding of
transverse windows
A glass window or panel
facing a transverse seat that is liable to be broken by passengers being thrown
against it must be adequately guarded unless it is made of safety glass.
19 Passengers must be
able to communicate with driver
A vehicle must have an
efficient means by which a passenger on any deck may signal the driver.
20 Fire protection
A vehicle must be
equipped with –
(a) an
adequate fire protection device; and
(b) sufficient
portable fire extinguishers.
part 2a[9]
CABS
21 Application
of Part
This Part applies to cabs.
22 Seats
(1) The
supports of all seats in a cab must be firmly fixed in position.
(2) A
child booster seat which complies with European safety standard ECE R44/04
must be available in a taxi-cab.
23 Markings – Passenger
numbers
The maximum number of
passengers that may be carried in a cab in accordance with a licence under
Article 6 of the Law must be clearly marked on the exterior of the
nearside of the vehicle as follows, each word or figure being at least
25 mm in height –
“Licensed to Carry
[number written as a figure] Passengers”.
24 Signs to be
fitted: taxi-cabs
A taxi-cab must have fitted
a “Taxi” sign, approved by the Inspector that can show when the
vehicle is available for hire.
25 Taximeter: taxi-cabs
A taxi-cab must have fitted
an operational calendar controlled taximeter of a type approved by the
Inspector that is fitted in a position approved by the Inspector.
26 Access
(1) A
taxi-cab must be compliant with Part 1 of the Schedule.
(2) A
taxi-cab that can accommodate at least one person seated in that person’s
wheelchair when travelling on the road must be compliant with Part 2 of
the Schedule.
27 Transitional
Provision
(1) In
this Article –
“2002 Order”
means the Motor Traffic (Taxi-Cabs – General) (Jersey) Order 2002;
“amending Order”
means the Motor Traffic (Public Service Vehicles
(Conditions of Fitness)) (Amendment No. 3) (Jersey) Order 2021;
“private-hire
cab” means a private-hire cab within the meaning of Article 1 of the
2002 Order –
(a) in
respect of which a public service licence is in force on 30th May 2021;
and
(b) which
does not comply with Part 1 of the Schedule on 31st May 2021;
“taxi” means a taxi within the meaning of Article 1
of the 2002 Order –
(a) in
respect of which a public service licence is in force on 30th May 2021;
and
(b) which,
subject to paragraph (5), does not comply with Part 1 of the Schedule
on 31st May 2021;
(2) Subject
to paragraph (3), this Order continues to apply to a taxi or private-hire
cab on and after 31st May 2021 as if the amending Order were not in force
until the date the public service licence in force on 30th May 2021
expires.
(3) If
the public service licence in force on 30th May 2021 expires on or before
30th November 2021 and, on the date of expiry of the licence, subject to
paragraph (5), the taxi or private-hire cab does not comply with
Part 1 of the Schedule, a certificate of fitness may be issued in respect
of the vehicle as if the amending Order were not in force provided the
conditions in paragraph (4) are met.
(4) Those
conditions are that –
(a) the
certificate of fitness issued under paragraph (3) is in force for
6 months only;
(b) only
one such certificate is issued; and
(c) it
expires on or before 31st May 2022.
(5) A
taxi or private hire cab (“non-compliant vehicle”) that does not
comply with either or both of paragraphs 4 and 5 of Part 1 of the
Schedule on 31st May 2021 is not required to be compliant until a
different vehicle for use as a taxi-cab is submitted for examination under
Article 8 of the Law by the person who was the holder of the public
service licence in respect of the non-compliant vehicle.
part 3
citation
34[10] Citation
This Order may be cited as the Motor Traffic (Public Service
Vehicles (Conditions of Fitness)) (Jersey) Order 2003.
SCHEDULE[11]
(Article 26)
Accessibility requirements FOR taxi-cabs
part 1
mandatory requirements for taxi-cabs
1 Swivel
cushion
A swivel cushion must –
(a) be
fitted in a suitable position in the vehicle;
(b) be
capable of turning 360 degrees;
(c) be at
least 380 mm in diameter;
(d) be
capable of supporting 120 kg (or 19 stone); and
(e) have
a seat cover which is removable, flame retardant and machine washable.
2 Caddie
strap or door handybar
A car caddie strap or door handybar must –
(a) be
fitted in a suitable position in the vehicle;
(b) have
a handle grip of more than 100 mm in length;
(c) have
a strap length of at least 150 mm and which is adjustable to a length of
350 mm; and
(d) have
a padded handle with a slip-resistant surface.
3 Door
threshold strips
Door threshold strips must –
(a) be
fitted in a suitable position in the vehicle;
(b) be of
a reflective material and contrasting colour to the exterior and interior
paintwork of the vehicle;
(c) be at
least 25 mm wide;
(d) be
the full length of the door threshold.
4 Storage
There must be a storage space for a wheelchair or lightweight
portable mobility scooter and the measurements of the storage space must be at
least 735 mm x 330 mm x 805 mm.
5 Airbag
An airbag fitted in the front passenger seat must be capable of
being de-activated when the vehicle is transporting a dog which is trained to
assist a blind person or a person with another disability.
part 2
OPTIONAL wHEELCHAIR requirements for
taxi-cabs
6 Wheelchairs
(1) A taxi-cab that can accommodate
at least one person seated in that person’s wheelchair when travelling on
the road must be compliant with the following requirements –
(a) there
must be an approval of the vehicle as a wheelchair accessible vehicle in
accordance with Directive 2007/46/EC or Regulation 2018/858/EU;
(b) the
airbag fitted in the front passenger seat must be capable of being de-activated
when the vehicle is transporting a dog which is trained to assist a blind
person or a person with another disability;
(c) the
vehicle must be capable of carrying at least 4 passengers when none of the
passengers being carried is occupying a wheelchair; and
(d) the vehicle
must provide a means of access into the vehicle by a person occupying a
wheelchair with or without the driver’s assistance.
(2) In
paragraph (1) –
(a) “Directive 2007/46/EC”
means Directive 2007/46/EC of the European Parliament and of the Council of
5 September 2007 establishing a framework for the approval of motor
vehicles and of systems, components and separate technical units intended for
such vehicles (OJ L269, 9.10.2007, p.1) as amended from time to
time;
(b) “Regulation 2018/858/EU”
means Regulation (EU) 2018/858 of the European Parliament and of the Council
of 30 May 2018 on the approval and market surveillance of motor vehicles
and their trailers, and of systems, components and separate technical units
intended for such vehicles (OJ L151, 4.6.2018, p.1) as amended
from time to time.